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(영문) 전주지방법원 2017.01.19 2016고단2039
전자금융거래법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

No person shall transfer any access medium used in electronic financial transactions.

On June 2016, the Defendant registered a corporation with limited liability and opened an account (Account Number:D) at the Saemaul Bank in the name of the said corporation under the name of the Defendant, stating that “If the Defendant had registered a corporation and sent cash cards, etc. after opening an account under the name of the said corporation, the Defendant shall pay KRW 3 million for the use of two to three days, and five million for the use of at least one week,” and then, opened an account (Account Number:D) at the Saemaul Bank in the name of the said corporation. At that time, the Defendant attempted to send the said account’s corporate card and OTP card in the high-speed bus terminal of the Jeonjin-gu, Seo-gu, Seoul Metropolitan City, to the Jinju-si terminal.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to a warrant of search and inspection;

1. Article 49 (4) 1 and Article 6 (3) 1 of the Act on the Electronic Financial Transactions in the relevant Act concerning the facts constituting an offense (or choice of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The fact that any criminal defendant who has no record of committing any crime is repenting his/her wrong offense, etc.);

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